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Offshore wind energy brings new opportunities and risks to insurance industry
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 21 2010
The recent federal approval of the first wind farm (“Cape Wind”) to be built in United States’ waters marks a new era for renewable energy projects, said Peter Mavraganis, recently appointed leader of Marsh's U.S. Renewable Energy Practice
New York State Court denies motion to compel discovery of reinsurance and reserve information
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 29 2010
In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim
Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 28 2010
Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration
Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 10 2010
The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates
Wisconsin court: “negligent misrepresentation” claims by molestation victims against archdiocese are not covered under CGL policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 28 2010
The Wisconsin Court of Appeals recently ruled that "negligent misrepresentation" claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese's CGL policy
Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 2 2010
Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902
New York adopts revisions to Regulation 118 governing audited financial statements
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 12 2010
On December 28, 2009, the New York Insurance Department ("NYID") issued a Notice of Emergency adoption revising Regulation 118 to implement new audit and reporting standards on an emergency basis
Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 6 2010
The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions
Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 21 2011
In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence
Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
- Edwards Wildman Palmer LLP
- -
- USA
- -
- May 28 2010
The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide
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